Drawbridge operations: Oregon,

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Federal Register: April 8, 1999 (Volume 64, Number 67)Proposed RulesPage 17134-17136From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr08ap99-21

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

CGD13-099-007Drawbridge Operations Regulations; Columbia River, OR

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to temporarily amend the operating regulations for the dual Interstate 5 drawbridges across the Columbia River, mile 106.5, between Portland, Oregon, and Vancouver, Washington. The temporary rule would enable the bridge owner to paint the lift towers of the northbound bridge by permitting the vertical lift span to be maintained in the closed (down) position from July 15 to September 15 in 1999 and 2000, provided that the water level at the bridge remains below 6 feet (Columbia River Datum or CRD) at all times.

DATES: Comments must reach the Coast Guard on or before June 7, 1999.

ADDRESSES: You may mail comments to Commander (oan), Thirteenth Coast

[Page 17135]Guard District, 915 Second Avenue, Seattle, Washington 98174-1067 or deliver them to room 3510 between 7:45 a.m. and 4:15 p.m., Monday through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT: John E. Mikesell, Chief, Plans and Programs Section, Aids to Navigation and Waterways Management Branch, Telephone (206) 220-7272.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages interested persons to participate in this rulemaking by submitting written data, views, or arguments. Persons submitting comments should identify this rulemaking (CGD 13-99- 007) and the specific section of this document to which each comment applies, and give the reson for each comment. Please submit two copies of all comments and attachments in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for copying and electronic filing. Persons wanting acknowledgment of receipt of comments should enclose a stamped, self-addressed postcard or envelope. The Coast Guard will consider all comments received during the comment period. We may change the proposed rule in view of the comments.

The Coast Guard plans no public hearing. Persons may request a public hearing by writing to the Coast Guard including the reasons why a hearing would be beneficial. If it determines that the opportunity for oral presentations will aid this rulemaking, the Coast Guard will hold a public hearing at a time and place announced by a later notice in the Federal Register.

Background and Purpose

The purpose of the proposed temporary change to operation regulations to 33 CFR 117.869 is to permit the bridge owner to paint the lift span of the northbound bridge. According to the Oregon Department of Transportation, the entire structure is badly in need of painting to prevent further loss of steel through corrosion. The adjacent southbound bridge on I-5 is a newer structure and is not included in this painting project. Its draw span operates normally in unison with the southbound draw span and therefore will be affected by the proposed rule.

Current containment requirements to prevent pollution from the lead paint removal make it necessary to install an envelope around the towers which support the movable span and to isolate the wire ropes within the towers from contamination. This containment system makes it impossible to operate the lift span while it is in place. Derigging such a containment system can not be achieved in a timely fashion for opening the drawbridge for the passage of vessels.

The proposed closure periods are during that part of the year that coincides with lower water levels on the Columbia River. Most vessels are able to pass through one of the two higher fixed spans of the structure south of the drawspan when the river is low. This obviates the need for the dual drawbridges to open for these vessels. The containment system will not intrude into the two fixed spans at the same time that the drawspan is disabled.

The draw opening records show that from 1994 to 1998 the I-5 Bridges averaged 22.4 openings for commercial traffic in July, 15 in August for commercial traffic, and 12.4 for commercial traffic in September. The monthly average was considerably less for recreational vessels.

Since the main channel through the draw span is in line with the downstream railroad swing span, many vessels prefer not to maneuver from the middle of the river back to north bank or vice versa. The Coast Guard understands that openings are not solely demanded on the basis of vertical clearance at the fixed spans near the middle of the bridge. Weather and current related to particular vessels are important factors.

When the river gauge at the bridge is at zero (Columbia River Datum or CRD), the wide fixed span to the south of the lift span provides 58 feet of vertical clearance at the center and the higher and narrower span to the south of the wide span provides 72 feet of vertical clearance. The towboats plying the Columbia River generally require 52 feet or less of vertical clearance. With the river at 6 feet CRD, the wide span is no longer safely passable by towboats. The higher span, although passable, is farther south of the main channel. The limits of maneuverability would dictate that some vessel masters select the lift span channel in order to make a straight course through the downstream railroad bridge swing span.

The highest fixed span is also a less desirable alternative in that it is not an officially authorized channel as of this writing. Some vessel operators are forbidden by their insurance contracts from moving outside authorized channels.

The Coast Guard is particularly interested in determining if the proposed closed periods coincide with expected river levels for the months under consideration such that navigation will not be impeded. The Coast Guard requests comments on alternative closed periods of different lengths of time. The Oregon Department of Transportation requested that the Coast Guard authorize two 90-day closed periods in 1999 and 2000 that would take place between July 1 and October 31. The Coast Guard believes that 90-day periods are exceptionally long and might impede navigation significantly if higher water persists into July. We request comments addressing specific periods for minimal impact to navigation. Mariners are reminded that shorter closed periods may necessitate the approval of closure periods for more than the two years requested by the bridge owner to complete the same amount of work. In other words, the painting of the lift span may involve more than two consecutive summers to finish. The Coast Guard will consider approving the longer 90-day periods if navigational interests indicate that longer closed periods can be tolerated and are preferred to several shorter closures.

The regulations, which are currently in effect, authorize various weekday closed periods during the hours of heavy commuting on Interstate 5. At other times, the dual vertical lift spans open on signal for the passage of vessels.

Discussion of Proposed Rule

The Coast Guard proposes to temporarily amend 33 CFR 117.869 by allowing the drawspan of the subject bridges to remain closed for two 60-day periods from July 15 to September 15, during 1999 and 2000, provided that the river level at the bridge is lower than 6 feet Columbia River Datum at all times during the periods.

Regulatory Evaluation

This rule is not a significant regulatory action under 3(f) of the Executive Order 12866 and does not require an assessment of potential costs and benefits under section 6(a)(3) of that Order. It has not been reviewed by the Office of Management and Budget under that Order. It is not significant under the regulatory policies and procedures of the Department of Transportation (DOT) (44 FR 11040; February 26, 1979). The Coast Guard expects the economic impact of this rule to be so minimal that a full regulatory evaluation is unnecessary. The proposed rule would permit vital maintenance to be performed without unreasonable inconvenience to river traffic.

[Page 17136]Small Entities

Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the Coast Guard considers whether this proposed rule, if adopted, will have a significant economic impact on a substantial number of small entities. ``Small entities'' include small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdiction with populations of less than 50,000. Therefore, for the reasons discussed in the Regulatory Evaluation section above, the Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule, if adopted, will not have a significant economic impact on a substantial number of small entities. If, however, you think your business or organization qualifies as a small entity and that this rule will have a significant economic impact on your business or organization, please submit a comment (see ADDRESSES) explaining why you think it qualifies and in what way and to what degree this proposed rule will economically affect it.

Collection of Information

This proposal contains no collection of information requirements under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Federalism

The Coast Guard has analyzed this proposed rule in accordance with the principles and criteria contained in Executive Order 12612, and it has been determined that the rulemaking does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

Environment

The Coast Guard considered the environmental impact of this proposed rule and concluded that, under Figure 2-1, paragraph 32(e), of Commandant Instruction M16475.1C, this rule is categorically excluded from further environmental documentation because promulgation of changes to drawbridge regulations have been found not to have a significant effect on the environment. A written ``Categorical Exclusion Determination'' is not required for this proposed rule.

List of Subjects in 33 CFR Part 117

Bridges.

Regulations

For the reasons set out in the preamble, the Coast Guard proposes to amend part 117 of title 33, Code of Federal Regulations, as follows:

PART 117--DRAWBRIDGE OPERATION REGULATIONS

1. The authority citation for Part 117 continues to read as follows:

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 CFR 1.05-1(g); section 117.255 also issued under the authority of Pub. L. 102-587, 106 Stat. 5039.

2. From July 15, 1999, to September 15, 2000, a new paragraph (a)(3) is added to Sec. 117.869 to read as follows:

Sec. 117.869 Columbia River.

  (a) * * *

  (3) The draws of the dual Interstate 5 Bridges, mile 106.5, between Portland, OR and Vancouver, WA, need not open for the passage of vessels from July 15 to September 15, 1999, and July 15 to September 15, 2000, provided that the river level remains below 6 feet Columbia River Datum. If the river level rises to 6 feet or more, the bridges shall operate as provided in paragraphs (a)(1) and (2) of this section. * * * * *

Dated: March 31, 1999. Paul M. Blayney, Rear Admiral, U.S. Coast Guard Commander, 13th Coast Guard District.

FR Doc. 99-8745Filed4-7-99; 8:45 amBILLING CODE 4910-15-M

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